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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

The Administrative Law Judge issued the attached decision
in the above-entitled proceeding finding that the Respondent
violated section 7116(a)(1) of the Federal Service
Labor-Management Relations Statute (the Statute) by prohibiting
a bargaining unit employee from wearing a Union button on his
uniform during duty hours. The Respondent filed exceptions to
the Judge's decision and the General Counsel filed an
opposition to the exceptions.

Pursuant to section 2423.29 of the Authority's Rules and
Regulations and section 7118 of the Federal Service
Labor-Management Relations Statute, the Army and Air Force
Exchange Service, Fort Drum Exchange, Fort Drum, New York,
shall:

1. Cease and desist from:

(a) Interfering with, restraining, or coercing its
employees by prohibiting mobile sales associates or similarly
situated employees from wearing the "AFGE UNITY IS POWER"
button or similar Union insignia while on duty.

(b) In any like or related manner, interfering with,
restraining, or coercing employees in the exercise of their
rights assured by the Federal Service Labor-Management
Relations Statute.

2. Take the following affirmative action in order to
effectuate the purposes and policies of the Federal Service
Labor-Management Relations Statute:

(a) Permit mobile sales associates and similarly
situated employees to wear the "AFGE UNITY IS POWER" button or
similar union insignia while on duty.

(b) Post at its facilities copies of the attached
Notice on forms to be furnished by the Federal Labor Relations
Authority. Upon receipt of such forms, they shall be signed by
the Respondent's Chief Executive and shall be posted and
maintained for 60 consecutive days thereafter, in conspicuous
places, including all bulletin boards and other places where
notices to employees are customarily posted. Reasonable steps
shall be taken to ensure that such Notices are not altered,
defaced, or covered by any other material.

(c) Pursuant to section 2423.30 of the Authority's
Rules and Regulations, notify the Regional Director, Boston
Regional Office, Federal Labor Relations Authority, in writing,
within 30 days of the date of this Order, as to what steps have
been taken to comply.

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT interfere with, restrain, or coerce our employees
by prohibiting mobile sales associates or similarly situated
employees from wearing the "AFGE UNITY IS POWER" button or
similar Union insignia while on duty.

WE WILL NOT in any like or related manner, interfere with,
restrain, or coerce our employees in the exercise of their
rights assured by the Federal Service Labor-Management
Relations Statute.

WE WILL permit mobile sales associates and similarly situated
employees to wear the "AFGE UNITY IS POWER" button or similar
union insignia while on duty.

(Activity)

Dated: By:

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the
date of posting and must not be altered, defaced or covered by
any other material.

If employees have any questions concerning this Notice or
compliance with any of its provisions, they may communicate
directly with the Regional Director, Boston Regional Office,
Federal Labor Relations Authority, whose address is: 10
Causeway Street, Room 1017A, Boston, MA 02222-1046, and whose
telephone number is: (617) 565-7280.

FOOTNOTES:
(If blank, the decision does not have footnotes.)

*/
In particular, we reject the Respondent's reliance on
Burger King Corp. v. National Labor Relations Board, 725 F.2d
1053 (6th Cir. 1984) (Burger King), which was cited by the
Authority in INS as an example of a case in which special
circumstances had been found to justify a prohibition on the
wearing of union insignia. As noted in INS, the employer in
Burger King, "a nationally operated enterprise, derived much of
its recognition from its uniform public image, and
consequently, there was a need for uniformity[.]" 38 FLRA at
717. SeealsoBurger King, 725 F.2d at 1055 (court found that
"special circumstances" justified the employer's ban on union
insignia because, in part, the employer was "a national fast
food chain deriving much of its recognition from its uniform
public image."). In this case, the Judge found, and we agree,
that the Respondent did not establish such special
circumstances or need for uniformity.